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Draft of September 2017

DRAFT IMPLEMENTATION ROADMAP

FOR

THE DRAFT PROTOCOL TO THE TREATY ESTABLISHING THE AFRICAN ECONOMIC COMMUNITY RELATING TO FREE

MOVEMENT OF PERSONS, RIGHT OF RESIDENCE AND RIGHT OF ESTABLISHMENT

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No.

Relevant

Provisions of the Protocol

Main Activities

Role and

Responsibilities

Indicative dates

1. Article 32

Signature/Ratification/Accession of Protocol

(a) Implementation/initiation of ratification proceedings in the Member State

(b) Deposit instruments of ratification with Chairperson of the Commission

Member States Member States AUC to follow up on ratification by Member States

January 2018 December 2018 (in case of ratification)

2. Article 5(3)(a) and (b)

Accelerated implementation

1. Establish and provide more favourable mechanisms for realisation of free movement of persons, right of residence and right of establishment

2. Use of variable geometry in implementation of Protocol

Implementation of any provision of the Protocol at different speed and time

3. Establish regional and bilateral arrangements

for accelerated implementation

Member States and Regional Economic Communities Member States and Regional Economic Communities

Anytime upon coming into force of Protocol

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3. Parts III, IV and V, Article 5 and 26

Common facilitators of effective implementation of free movement of persons, right of residence and right of establishment

1. Establish, upgrade and strengthen national civil registry systems

a. Use of biometric and other technology in registration systems

b. Register nationals and non-nationals and capture data onto the civil register

c. Put in place security measures to maintain the integrity of the national civil register

d. Link national civil register with all official entry and exit points

2. Establish and strengthen movement control systems

a. Use technology for surveillance, communication, information collection and processing, and biometric identification of travellers

b. Establish and strengthen alert, notice or warning mechanisms

c. Link movement control system and alert or warning mechanism to regional and international alert, notice or warning systems (INTERPOL, AFRIPOL, Advanced Passenger Information Systems, etc.)

Member States Member States Member States with assistance from Regional Economic Communities and Commission

Continuous starting 2018

Continuous

starting 2018

Continuous

starting 2018

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2. Improve the capacities of border governance mechanisms and personnel by optimizing new border governance technologies

a. improve the integrity and security of travel documents;

b. equip all official entry and exit points with up to date border management information systems to fight against fraudulent documents;

c. upgrade inspection, data collection (advanced passenger information systems (APIS) and communication systems;

d. provide technical training for those involved in border management and migration policy.

Member States with assistance from Regional Economic Communities and Commission

Continuous

starting 2018

PHASE ONE – RIGHT OF ENTRY AND ABOLITION OF VISA REQUIREMENTS

4. Article 5 (1)a, 6 and 27

Right of entry

Member States Member States

December, 2023 (gradual and continuous process) (a) By Dec, 2018

(a) Implement a relaxed visa regime (Facilitate the issuance of visas for certain categories (students, researchers...etc) issuing visas on arrival to citizens of African

Union Member States use of simplified visa processing

procedures and mechanisms e-visa online applications multiple entry and multi-year visas

relax and revise visa fees

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(b) Establish clear, consistent and transparent criteria or admission into Member State.

(c) use regionally recognised travel documents of Member States (regional Passport, National ID, etc)

(d) provide for granting up to 90 days stay from the date of arrival for nationals of African Union Member States

(e) Total abolition of visa requirements for citizens of African Union Member States

Member States

(b) 2018

(c) 2019

(d) By Dec 2023

(e) Dec 2023

5. Article 7 (2) Other conditions for denying entry to nationals of Member States

Publish any other conditions prescribed by a Member State which are not inconsistent with this Protocol according to which nationals of a Member State may be denied entry into a Member State

Member States

2018 and every time the conditions are revised by a Member State

6. Article 8 Share designated official points of entry and exit with other Member States

(a) Publicise or share information on official points of entry and exit with other member states

Member States and the Commission

2018 Continuous

7. Article 26 and 28 (3)

Harmonisation of national laws, policies and procedures

(a) Immigration laws, policies and procedures:

Member States and

(a) 2023

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(i) Review laws, policies and procedures for

conformity with Protocol (ii) Establish policies and procedures which

facilitate and promote free movement of persons in conformity with Protocol

(b) Laws policies and procedures relating to study

and research: (i) Identification of laws relating to study and

research by non-nationals - Admission of non-nationals into

education institutions (ii) Review of laws relating to study and

research by non-nationals

(c) Labour laws, policies and procedures Review policies, laws and procedures on employment of non-nationals (i) harmonising immigration policies with

labour laws

(d) Laws, policies and procedures relating to social security

RECs (RECs shall coordinate the harmonisation of laws, policies and procedures within each region)

(b) 2023

(c) 2023

(d) 2023

8. Article 9 Travel documents

(a) Use of ICAO standard travel documents Upgrade passports from Machine Readable Passports (MRP) to e-Passports

Member States

Continuous from 2017

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(b) Use of travel documents other than Passports

(c) mutual recognition and exchange of specimens of the valid travel documents issued by a Member State

Member States RECs Member States

Continuous from 2017 Continuous from 2017

9. Article 10 African Passport

(a) Establish the continental design and technical specifications of the African Passport:

Settle the Continental design of

African Passport (biometrics) Provide Technical specifications of

African Passport to Member States

(b) Issue the African Passport to citizens. review of laws, policies and procedures to

accommodate issue and use of African Passport

Domesticate design of African Passport

(c) Public awareness to promote and popularise the African Passport

(a) Commission and Member States (b) Commission and Member States

(c) Member States, Commission and RECs

June 2018 Continuous from 2018 Continuous from July 2016

10. Article 11 Use of vehicles

(a) Share specimen of biometric drivers licences with other Member States

Member States

2018

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(b) Harmonise systems and procedures for use of vehicles in different Regional Economic Communities

(c) Recognise valid drivers licences of other Member States (harmonize systems)

(d) establishment of a Continental Database on registration of vehicles

(e) Link Member States vehicle registration systems

to the Continental Database on registration of vehicles

Member States Commission Member States with assistance from Commission

2018 2018 2019

11. Article 12 Free movement of residents of border communities

1. Ratify and accelerate the implementation of the African Union Convention on Cross-border Cooperation (Niamey Convention) (a) Develop and implement programs aimed

at cross border cooperation (b) establish coordinated border management

systems to regulate migration flows

(c) Coordination of cross-border programs to avoid duplication

2. Define, delimit and demarcate inter-state

borders Develop and implement a national policy

on border matters Establish national bodies responsible for

Member States with assistance of Commission and Regional Economic Communities Commission and Regional Economic Communities Member States with

Continuous 2022

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border matters Establish national or joint boundary

commissions to define, demarcate and delimit undefined terrestrial and maritime inter-state borders in accordance with the AU policies and principles on borders

Jointly submit the geographical coordinates and bilateral/trilateral boundary treaties to the Commission for inclusion in the African Union Border Information System

3. Resolve all differences and disputes related

to national boundary lines (a) strengthen border dispute resolution

mechanisms (b) refer border disputes to the attention of

the African Union Panel of the Wise (c) use the competent regional or

international bodies of preventive diplomacy, mediation, arbitration, and conflict resolution for the peaceful settlement of border-related disputes

4. Identify communities in the border lands

5. Identify and register residents of communities

in the border lands

Sensitize the populations living in border

assistance of Commission and RECs Member States Member States Member States Member States

2022 By December 2023 By December, 2023 By December, 2023 By December, 2023 2023

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zones on prevailing laws and the role they can play in conflict mitigation and border governance regimes

6. Adopt and provide specific border community

identification documents 7. Establish soft borders, easing restrictions for

mobility and interaction between borderland communities Establish specific border community

crossing points or mechanisms 8. Establish and reinforce bilateral and national

cross-border security regimes allowing for intelligence-sharing, joint military operations, joint patrols, and joint anti-cattle-rustling and anti-crime-units and conclude hot-pursuit agreements

2023 2023 2023

12. Article 13 Movement of students and researchers

1. Harmonisation of higher education programmes in accordance with the AU Higher Education Harmonisation Strategy and the Continental Education Strategy for Africa (2016 -2025) (a) foster cooperation in information

exchange;

(b) harmonise higher education procedures

Member States and RECs Member States Member States,

2025 2025

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and policies; (c) standardise curricula.

2. Review national requirements and

procedures for students from other African Union Member States taking up research and study

3. Enhance the mobility of students and

academic staff among African universities to improve on teaching and collaborative research (a) Establish Joint Curriculum Development

and Student Mobility Schemes

(b) develop, promote and implement programmes to facilitate exchange of students:

(c) establish and implement Continental Student Exchange Programmes

identify areas of study in which to promote student exchange

identify educational institutions within the Union to support and facilitate student exchange programmes

Pan African University Member States Member States, Pan-African University Member States, Commission, Pan African University Member States, Commission, Pan African University Member States,

2025 2025 2025 2025 2025 2025 2025 2025

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(d) Establish and coordinate regional student exchange programmes

Regional Economic Communities (RECs)

13. Article 14 Free movement of workers

1. Identify and assess existing categories of workers and skills within the African Union in accordance with the Migration Policy Framework for Africa

2. Classify the priority of skills (skills gaps) and

workers required by individual Member States and RECs

3. Share information on the skills and workers

required in each Member State

(a) Establish and update Labour Market Information Systems

(b) Harmonise standards and tools for data collection on international labour migration in Africa

(c) Establish regional labour exchanges aimed at facilitating the employment of available human resources of one Member State in other Member States

(d) Undertake skills forecasting to determine the skills that will be required in the short term, medium and long term.

4. Share and disseminate information relating

Member States with technical assistance of Commission Member States, Commission and RECs Member States, Commission and RECs Member States,

By 2023 From June, 2018 By December, 2019 Continuous from June, 2019 From 2019

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to the conditions and procedures for employment and work permits in each Member State.

(a) Maintain open and continued contact

between Member States of origin and Member States of destination to ensure fair working conditions for nationals working abroad.

5. Establish transparent and accountable labour

recruitment and admissions systems based on clear labour laws that are harmonised with immigration policies and procedures.

(a) Monitor and enforce compliance with

recruitment procedures to ensure

transparency and fairness

6. Promote respect for, and protection of, the rights of labour migrants including combating discrimination and xenophobia through civic education and awareness-raising activities:

(a) abolish any discrimination based on

nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment

7. operationalize the AU Labour Migration

Commission and RECs Member States Member States Member States Commission

2019 2019 2019

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Advisory Committee

PHASE TWO – RIGHT OF RESIDENCE

14. Article 16 Right of Residence

(a) Adopt policies and procedures for granting residence permits to nationals of Member States:

Specify the conditions attached to each category of nationals of Member States seeking residence.

Specify whether work or sufficient means of support (in the absence of work) are required for residence

Specify the registration and administrative

procedures required for nationals of Member States

Specify the procedures relating to

spouses and dependants of nationals seeking residence

(b) Gradually implement more favourable policies and laws on residence for nationals of other Member States

Adopt measures that give favourable treatment to nationals of Member States

Member States From 2023 Date determined by the Executive Council after review of implementation of Phase One and Phase Two by the Commission

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seeking residence

Relax the conditions for seeking and taking up residence in the case of nationals of Member States based on region or agreement

(uniform fees for residence permits)

PHASE THREE- RIGHT OF ESTABLISHMENT

15. Article 17 Right of establishment

(a) Remove restrictions on nationals of Member States establishing businesses

Identify the restrictions on establishment of business, calling or profession

Review policies, laws and procedures providing restriction to nationals of Member States establishing business, trade, profession or calling

(b) simplify the processes and procedures for obtaining licenses, permits and other relevant documents for establishment of business, trade profession, vocation or calling

specify and harmonise conditions for obtaining licenses, permits and other authorisations

(c) harmonise fees payable for obtaining and

Member States Member States with assistance of Commission and RECs Member States

Date determined by the Executive Council after review of implementation of Phase One and Phase Two by the Commission

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processing necessary authorisations, licenses and permits

(d) provide for equality of nationals of Member States setting up business, trade profession or vocation with nationals of Member State

guarantee right to join professional or trade organizations

provide equal protection of the law provide equal working conditions Provide for protection of assets, capital and

business of nationals of a Member State established in Member State

Member States

16. Article 18 Mutual recognition of qualifications

1. Ratify the African Union Revised Convention on the Recognition of Studies, Certificates, Diplomas, Degrees and Other Academic Qualifications in Higher Education in African States

2. Adopt a Continental and regional qualifications frameworks:

(a) Develop and maintain a Continental

Framework for Higher Education Qualifications.

(b) Create Minimum Standards in

Member States Commission, Regional Economic Communities and Member States

2025 2025

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Targeted Qualifications.

17. Article 19 Portability of social security benefits

(a) Make social security benefits available to workers from other Member States.

Classify and categorise social security benefits:

Pension, unemployment benefits, health or medical benefits etc.

Establish social security schemes to

which non-nationals working in a host Member State may contribute

Adopt social security measures that prevent abuse and exploitation of social security benefits by non-nationals working in host Member State

Categorise and classify workers and

residents and the social security benefits attached to each category:

Persons working or resident for less than 3 months

Persons working or resident for more than 3 months

Persons resident without working

Member States

2023

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Self-employed persons etc.

(b) Promote the regional integration and collaboration of social security schemes in Member States

(c) Establish mechanisms for workers from other

Member States to access their social security benefits in their own countries and in other Member States

RECs and Member States Member States

2023 2023

18. Article 21 Expulsion, Deportation and Repatriation

1. Streamline laws, policies and procedures on expulsion, deportation and repatriation of nationals of African Union Member States

2. Conclude bilateral repatriation agreements (a) Reinforce cooperation between Member

States in order to facilitate identification and

repatriation of their nationals

3. Conclude extradition agreements in accordance with international and continental legal instruments

Member States

2018 2018 2018

19. Article 22 Protection of property acquired in host Member State

(a) Provide by law for nationals of Member States to acquire property in host Member State

Review laws on ownership of property to

Member States

2019

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provide for nationals of Member States to acquire property

Streamline the procedures for acquisition of property

(b) Protect by law, property acquired by non-nationals in Member State

Establish clear and transparent procedures for acquiring property of non-nationals.

Provide for procedures for compensating non- nationals for acquisition of their property acquired in a host Member State

Member States

2019

20. Article 23 Remittances

(a) Establish mechanisms for persons working, residing or established in a host Member State to transfer earnings or savings to their countries of origin:

(b) Coordinate the regional/ international mechanisms for transfer of earning or savings within the regions

Collect and disseminate data on the remittances within the region

Provide guidelines on improving the policy on remittances within the region with specific focus on reducing transaction cost and encouraging more remittances

Member States Regional Economic Communities, Commission, African Institute for Remittances (AIR)

2019 2019

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through the financial system

21. Article 24 Procedures for movement of specific groups

(a) Establish measures for movement of refugees Establish measures and procedures for

screening and examining applicants for refugee status

Register and provide identification and travel documents to refugees

Adopt other specific procedures for movement of refugees

(b) Establish measures for movement of victims of

human trafficking (c) Establish measures for movement of asylum

seekers (d) Establish measures for movement of pastoralists

Member States Member States Member States Member States

By 2023 2023 2023 2023

22. Article 25 Cooperation by Member States

(a) cross-border management Ratify the Convention on Cross-Border

Cooperation Coordinate cross border management

systems

(b) sharing and exchange of information on free movement of persons

record and document all forms of disaggregated migration data at the ports

Member States RECs Member States

2018 2018 Continuous 2018

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or points of entry or exit

23. Article 28 Role of Regional Economic Communities (RECs)

(a) focal points for, promoting, monitoring and evaluating implementation of Protocol

promote implementation of Protocol

design and implement strategies for promoting the implementation of the Protocol in their respective regions

develop regional mechanism for

monitoring and evaluating implementation by Member States

(b) reporting on the progress towards free

movement of persons in their respective regions collect data on the status of

implementation of each the three Phases specified in Article 5

submit report to Commission on the status of implementation of each Phase within the region

(c) Harmonization of RECs protocols, policies and procedures with the Protocol on the Free Movement of Persons

Regional Economic Communities (RECs) RECs RECs

2018 2018 2019 2020 2020

24. Article 29 Role of AU Commission (a) assist Member States to strengthen their

Commission in

From 2018

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capacity to implement the Protocol

(b) develop and apply a continental monitoring and coordinating mechanism for assessing the status of implementing the Protocol

Develop criteria for assessing implementation, nationally, regionally and on the continental level

(c) monitor and evaluate the implementation of the

Protocol by the Member States Coordinate monitoring and evaluation with

RECs

(d) Submit periodic reports to the Executive Council through the relevant Specialised Technical Committees on the status of implementation of the Protocol.

Identify challenges to implementation Identify success stories and case study-

Member States on implementation of the Protocol

Make recommendations on the measures to improve implementation

(e) collect and analyze data nationally and regionally to assess the state of free movement of persons

collaboration with Member States Commission in collaboration with Member States Commission Commission

2018 2020 and thereafter every 2 years

25. Article 30 Remedies Provide appropriate administrative and judicial remedies in national laws for persons affected by

Member States

2018

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decisions of a Member State relating to the implementation of this Protocol

adopt policies, laws and procedures that provide persons aggrieved by decisions of any administrative body relating to right of entry, right of residence, and right of establishment to have recourse to other administrative or judicial body

bring the available administrative or judicial mechanisms to the attention of persons affected by decisions relating to exercise of their rights under the Protocol